charlotte l
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Firstly how much do you want this particular house?
If you really want it the only answer is to grin and bear it - so it may take another 6-8 weeks does that really matter in the scheme of things?
Unfortunately this happens quite frequently with house sales. If you can push her to move try it - there is no harm. If she has found a property she really wants now as well the last thing she will want to do is loose her seller.
But don't talk to her solicitors get your solicitors to do that and put pressure on via the estate agents. |
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trixy33
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Buying and Selling has always been a nightmare in this country ! Conveyancing transactions are always long-winded and stressful. The Land Registry or indeed legislation relating to buying and selling should be made much easier - . The lady in question is entitled to stay where she wants until Completion Date - (as the Contract states: Vacant Possession on Completion) - I do however feel for you, because if someone says they are going to do something - and then change their minds - especially when they are trying to tie another property into the chain - is very stressful. You need to find out if there is a chain on her side with the property she is thinking of buying - if there is - it could be a very long process - and it may be worth your while in looking for another property with no chain - (something you can move into fairly quickly and easy - without waiting months ! ). I know its a terrible blow when things like this happen - but sometimes you have to face reality and move on. Another thing you could consider is to ask your Solicitor to ask the other side's Solicitors if you could have a written Undertaking that on Exchange of Contracts / Completion that she will vacate the property. You could also ask that your Conveyancing transaction regarding the house you are purchasing goes ahead full steam - disregarding her transaction !!! You will need to enquire whether this is possible - but from what you say, it does not look like it !!! The other question I would ask is: does she really want to sell ??? |
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Graham I
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Bear in mind that you may be liable for certain costs (your lawyer, any surveys) if you pull out. I would suggest that you point out to her lawyer that you are going to be incurring extra costs by not completing in August. 10 weeks was reasonable for completion, and from the sounds of it she's going to need to extend by 4-6 weeks. That's not the end of the world if you like the house, despite the distress. You could try asking for some kind of undertaking that the completion will be done by a particular date. Don't forget that she can still pull out too - remind her lawyer of the distress SHE'S causing YOU! |
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Paul D
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as branch manager for a wel known national company i offer you this advice. put a deadline on the exchange and completion with your solicitor of whatever date you are happy with making it very clear you will pull out. remember if u do, she is very likely to lose her onward purchase, so will not risk it. also property prices have not moved in the last 2 months so start looking. you never know whats out there.
hope this helps, . |
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Lewiy
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At the end of the day you need to decide what is more important, moving in quickly or getting this particular house. Either way, threaten to pull out as it may get a response if she is desparate to sell to you. A colleague of mine had a similar situation recently and by threatening, she managed to get things moving.
If she is going to take a long time regardless then a threat should highlight this fact and in which case, you should actually pull out and look elsewhere. If not, you get what you wanted. |
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lozzielaws
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Ive been through this, the person messed me around for ages, so we pulled out in the end.
I would pull out, theres no stopping her from messing you about more. If her searches have only just gone off, it will take a few weeks to get them back. Then if there is anything negative on them, the mortgage company will maybe want more information, that will take more time, then she has to wait for the mortgage company to approve.
i think mid-august is a dream mate. sorry to say.
Pull out now and find another property.
Lozz xx |
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Julie
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I would pull out but get some professional advice first. |
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MSMORTGAGE
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Unfortunately until you have exchanged contracts, there is no legal requirement for you to buy nor her to sell. If this person is messing you around I would pull out - it will get worse once you exchange, she will probably try to delay completion which means you will be obliged to complete the transaction and cannot pull out. So at the end of the day if she doesn't want to sell and thinks she can mess around, phone your solicitor tomorrow and pull out of the transaction - this will get a response she will either move out as quickly as possible so as not to loose her buyer or she will not be bothered. Unfortunately it is your choice, but I for one would not tollerate a messy seller - spend your money elsewhere. |
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smac1
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How badly do you want the property? That is the top and bottom of it. This is house buying-it is a nightmare don't know anyone who hasn't had problems and this sounds quite normal to me! First-never ever get personally involved with the vendor-- ie meet them apart from when looking at the house -let your solicitor do all the contact-this is a business transaction and you need to be professional and cold (Not my natural instinct either but you will be shafted otherwise). Forget being in for mid-august it isn't going to happen. Make an ultimatum of a completion date-put it in writing with your solicitor and stick to it-if you don't complete you will walk away-end of story. This will either make her sit up and take notice or will show you that she didn't want to move in the first place. Best of luck and welcome to the world of house buying!! |
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notyou311
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Do you have a contract? You need to discuss this with your agent. Real estate sales in the UK are much different than in the US. You should have had a firm contract spelling out all of the details including the date when you could take possession. |
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bostonianinmo
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I'd move along. That chain is seriously defective! If you haven't gone to exchange of contracts, you're under no obligation. Too bad you're not under Scottish or US laws. :( |
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taztug
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From the start the thing you did wrong is not getting things in writing. At this point you need to get everything in writing. Set an agreed upon date for your settlement of the house and occupancy and put it in writing. Do you have another witness to her agreement to move out earlier? If so get that person involved as in some states the verbal agreement, if witnessed properly is binding. Check with a local lawyer about what other actions you can take.
Threatening to backout now could cause issue for you. Breaking of the agreement of purchase, especially since the seller obviously has a witness. It could also be that the seller says fine and sells to someone else. |
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wmp55
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I'm absolutely sure you've gotten me confused.
But if someone has done you dirty, call a lwayer. |
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mamfer
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Was the purchase agreement signed by both of you stating that you buying the house was NOT contingent on her buying her new house? If so, then you have no legal obligation to wait for her to buy her house. |
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spacejohn77
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If it's in writing, consider contacting a lawyer.
It sounds like a "bait-and-switch," where she was keeping her options open so that she could get her place sold off. If so, you should ask yourself why might it have trouble selling. It could be she's just paranoid, or it might be that something's off.
If you have an agent, have them look into the house's history. You may need to threaten to pull out to get an answer, but find out what the actual problem is first. |
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pete m
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You are a first time buyer if you have not signed a contract pull out . If you have a contract it will cost you and you have to way up the options personally if I could affored to do so I would pull out. As a first time buyer see if you can find a vacant property for sale you could be in within a few weeks |
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Pedro
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If you want to pull out of the sale then you do so, she might soon change her mind when she realises that she will not be getting any money from you. And then the house will have to go back on the market. |
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Bex
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I'd stick with it because there must have been something special about the house for you to put an offer in. There is nothing to say you won't encounter problems on a different purchase anyway and then not get moved in until Christmas.
If the seller really wants this other house she will be determined to wait for it. Often people plan to move into rented as they want to find their dream house and not be in a chain, which makes them more favourable to sellers. It sounds like this was the sellers plan, however, she came across her dream house sooner than expected.
Considering that this is going to be one of the biggest purchases of your life, if you love the house you're buying, I'd say it's worth waiting for! In some ways you should be grateful that you are not already a homeowner trying to sell in this situation, you could be part of a big chain and risk losing your buyer. Also,if it backfires you'll also not only lose the house but lose out on all the fees you have paid. |
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sarah k
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I would demand some sort of compensation for being so good about it so far. Maybe a reduction on the price seeing as your being messed about. If she is in the process of buying then you hold the cards because she needs your money. She obviously has no regard for you because solicitors are only acting on behalf of their client. |
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